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Lack of waterline fence affects prosecution of trespassers

Jeremy AlfordCapitol Correspondent

Published: Thursday, February 7, 2013 at 9:43 a.m.

Last Modified: Thursday, February 7, 2013 at 9:43 a.m.

BATON ROUGE — When Scotty Tibbs discovered an intruder had been caught by police in the shipyard of the company where he works, he said he found solace in knowing that the potential thief would be facing a felony.

The public defender, however, managed to get the accused off with only misdemeanor charges because the shipyard did not have a continuous fence at the water’s edge.

“It’s a quirk in state law,” said Tibbs, vice president and chief financial officer of Gulf Craft in Franklin. “Can you believe that?”

Since police were able to stop the intruder before anything was stolen, Tibbs said he wanted him charged with the “unauthorized entry of a place of business.”

The crime carries a fine of no more than $1,000 as well as the possibility of up to six years in prison.

But the law requires that the place of business be “enclosed by any type of physical barrier that is at least six feet in height.”

Gulf Craft’s property is behind a fence fitting that description, but not on the side facing the waterline, meaning it is not technically enclosed under the definition of the law.

“So now this guy has a misdemeanor, and they slapped him on the hand, and he got away with it,” said Tibbs, “just because we don’t have a fence running parallel to the water.”

He said it would be “cost prohibitive” to fence off the waterline because the shipbuilder needs constant access to the water to conduct business.

“And it’s not just us. You can imagine how many businesses located on the water this could affect,” Tibbs said, adding that seafood companies should take note.

To address the situation, state Sen. Bret Allain, R-Franklin, said he plans to introduce legislation during the regular session that convenes April 8.

“This needs to be considered,” Allain said. “How the water isn’t a barrier in this case is beyond me.”

Tibbs said the most surprising part of his company’s ordeal involves all of the evidence that was overlooked because of the fence requirements in the law.

“This guy broke in through a gate at midnight and was caught with bolt cutters trying to get into storage units where our tools are. The cops caught him,” Tibbs said. “But nothing is going to happen to him because we’re on the waterfront. That just doesn’t make sense.”

Allain represents portions of Terrebonne and Lafourche parishes in the Senate.

As of Wednesday afternoon, his bill had not been pre-filed for the regular session.

<p>BATON ROUGE — When Scotty Tibbs discovered an intruder had been caught by police in the shipyard of the company where he works, he said he found solace in knowing that the potential thief would be facing a felony. </p><p>The public defender, however, managed to get the accused off with only misdemeanor charges because the shipyard did not have a continuous fence at the water's edge. </p><p>“It's a quirk in state law,” said Tibbs, vice president and chief financial officer of Gulf Craft in Franklin. “Can you believe that?” </p><p>Since police were able to stop the intruder before anything was stolen, Tibbs said he wanted him charged with the “unauthorized entry of a place of business.”</p><p>The crime carries a fine of no more than $1,000 as well as the possibility of up to six years in prison. </p><p>But the law requires that the place of business be “enclosed by any type of physical barrier that is at least six feet in height.” </p><p>Gulf Craft's property is behind a fence fitting that description, but not on the side facing the waterline, meaning it is not technically enclosed under the definition of the law. </p><p>“So now this guy has a misdemeanor, and they slapped him on the hand, and he got away with it,” said Tibbs, “just because we don't have a fence running parallel to the water.” </p><p>He said it would be “cost prohibitive” to fence off the waterline because the shipbuilder needs constant access to the water to conduct business. </p><p>“And it's not just us. You can imagine how many businesses located on the water this could affect,” Tibbs said, adding that seafood companies should take note.</p><p>To address the situation, state Sen. Bret Allain, R-Franklin, said he plans to introduce legislation during the regular session that convenes April 8. </p><p>“This needs to be considered,” Allain said. “How the water isn't a barrier in this case is beyond me.” </p><p>Tibbs said the most surprising part of his company's ordeal involves all of the evidence that was overlooked because of the fence requirements in the law. </p><p>“This guy broke in through a gate at midnight and was caught with bolt cutters trying to get into storage units where our tools are. The cops caught him,” Tibbs said. “But nothing is going to happen to him because we're on the waterfront. That just doesn't make sense.” </p><p>Allain represents portions of Terrebonne and Lafourche parishes in the Senate.</p><p>As of Wednesday afternoon, his bill had not been pre-filed for the regular session.</p><p>Jeremy Alford can be reached at jeremy@jeremyalford.com.</p>